Hiralal Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (HC) No. 4 of 2019 • Hiralal Sen, S/o Shri Ramgarib Sen, Aged About 54 Years, R/o Ward No. 20 Nadipar, In Front of Petrol Pump Thana and Tahsil Manendragarh, District Korea, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department of Revenue, Mahanadi Bhawan Naya Raipur, Police Station and District Raipur, Chhattisgarh.

2. The Collector, District Koriya, Baikunthpur, Police Station Baikunthpur, District Koriya, Chhattisgarh.

3. Sub Divisional Magistrate Revenue Manendragarh District Koriya, Chhattisgarh.

4. Shashi Bhushan Soni Nayab Tahsildar Kelhari Thana Kelhari Tahsil - Manendragarh District Koriya, Chhattisgarh.

5. Superintendent of Police Baikunthpur Town and Thana Baikunthpur District Koriya, Chhattisgarh.

6. Vimlesh Dubey Station Incharge, Police Station Manendragarh Town and Thana Manendragarh District Koriya, Chhattisgarh.

7. Naveen Dutt Tiwari Investing Officer, Police Station Manendragarh

8. Jafer Shah alias Jafar Khan S/o Late Imtiaz Khan

9. Rajkumari Sen @ Rida Khan, D/o Hiralal Sen, aged about 19 years Respondent Nos. 8 and 9 R/o Ward No. 9 Behind Vinay Hotel Thana and Tahsil Manendragarh, District Koriya (C.G.) ---- Respondents For Petitioner :

Shri Ramsevak Soni, Advocate.

For Respondent/State :

Shri R.S. Baghel, Deputy Advocate General.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Ajay Kumar Tripathi, Chief Justice 06.03.2019 1.

Heard learned counsel for the Petitioner and the learned Deputy Advocate General for the State.

2.

Respondent No.9-Rajkumari Sen who is a major has been produced by Shri Vivek Shukla, S.P., Koriya, Shri Vimlesh Dubey, Inspector, District Koriya and LC 493 Jwala Sahu, P.S. Manendragarh, District Koriya before this Court. On close questioning, she has categorically stated that she had married Respondent No.8 out of her own volition that no pressure is being applied upon her either in her movement or otherwise by any person or authority. It is because of the fact that she married out of her own sweet will against the wishes of the parents that the present Habeas Corpus petition has been brought alleging untruths.

3.

Be that as it may, since Respondent No.9 is a major and we are satisfied about the same, let her make her own choices as to the place where she would like to live. There is no restrain on her. This petition is not required to be taken cognizance of.

4.

Habeas Corpus petition is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan